FAROOK MOHAMMED Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This writ petition is filed by one F.M. Kasim (hereinafter referred to as the "petitioner"). By the said petition, the petitioner seeks a writ of mandamus or any other writ or direction requiring or ordering the respondent No.6 i.e. Union of India through C.B.I. to register an offence under Section 302 of the I.P.C. or any other provision of law which the court may deem fit and proper against Sub Inspector Mr. Nikhil Kapse and such other persons whose action may be revealed in the course of investigation of the offence so registered.

(2.) The brief facts of the case are as under.

(3.) It may be stated here that in due course this case was committed to the court of Sessions and numbered as Sessions Case No.1560 of 1994. Out of the 54 persons shown as accused in this case, some persons died during the trial, the prosecution of some of the other accused were separated for various reasons and ultimately out of the 22 persons against whom the trial proceeded, all the accused came to be acquitted by the Sessions Judge vide his judgment and order dated 4.2.2006. The present petitioner was accused No.35 in this case and the trial against him was separated.